Apr 22, 2012

PRK: "Sit down and shut up!"

In today’s posting:
  • All apologies
  • This week’s developments
  • An open letter to Wayne Reaud and Associates
  • Another take on a Nitwit Tidbit
  • Fun facts about NPD
Let’s visit each of these items in detail.

All apologies


Firstly, I’d like to apologize for those readers who attended the hearing on Friday, April 20, 2012, in Judge Donald Floyd’s courtroom.


Typically, Philip was a no-show concerning our motion on sanctions.
I’ll detail the circumstances below, but to those who came to throw tomatoes, I’m sincerely sorry. The hearing has been tentatively rescheduled for this Friday, April 27, 2012. The situation is extremely fluid, so I’ll post an update on Thursday evening, April 26.

This week’s developments


Here’s what happened.

On Thursday, April 19, our attorney, Jeffrey Dorrell, received a letter from Reaud and Associates.
In this letter, Wayne Reaud and his associate claim that Philip R. Klein is now their client. Since Jeffrey did not respond to the letter, George Michael Jamail, as a representative of Wayne Reaud,personally phoned Jeffrey only a few hours before the hearing.

After checking with Google’s attorney David Lynch, Jeffrey agreed to postpone the hearing to give Mr. Reaud’s firm adequate time to prepare. Philip has filed multiple motions to dismiss the suit and named parties.
From these developments, I deduce that Philip has thrown John Morgan, his former attorney, under the bus to distance himself from sanctions and charges of grand perjury for lying under oath.  As previously discussed, Philip concocted all of that gibberish about tracking email and IP addresses.

I feel some sympathy for John Morgan – after faithfully serving as Klein’s attack poodle for several years, he now joins a growing list of attorneys who PRK has kicked to the curb. These attorneys include Mark Faggard, J. Keith Stanley, and Bruce Hoffer.

Based on legal precedence, John Morgan is responsible for the improper notice that led to our motion for sanctions, even though I firmly believe that John did so under Philip’s direction. In some cases, Philip drafted the pleading and Morgan simply affixed his signature in the proper place.

Lessons learned: Don’t trust Philip R. Klein, especially if you’re an attorney, and always check the spelling if your client writes the brief.

P.R. Klein has now retained one of the top law firms in Jefferson County to make all of this go away. Sam and I have side bets as to how many other attorneys will surface that claim to represent Philip Klein. I win everything if the Texas Hammer, Jim Adler, joins the party.

In this letter, Wayne Reaud and his subordinate argue that after reviewing our motion, they determined that “no hearing was necessary at this time.” The letter also references a “radical breakdown in communications” between our attorneys, and argues that the defect in service which forms the basis for this motion could have been cured with a phone call. Not true.

These conclusions are incredibly presumptuous and other statements in the letter reveal their attention to detail. For example:

In any case, Mr. Reaud and/or I will be in Court along with Mr. Klein tomorrow morning.

Since the hearing was scheduled for 2 pm, I’m not sure if they intended to make Philip sit in a corner of the 172nd District Court with a dunce cap throughout the morning until the real hearing began Friday afternoon. 

However, it’s obvious that Philip now wants out of the proceeding he initiated:

Mr. Reaud and I see no reason to continually aggravate the circumstances that seem to have spiraled beyond the control of your clients and Mr. Klein.
For your information, Mr. Reaud and I have counseled Mr. Klein and our understanding is that the majority of misunderstandings which lead to this litigation have either been mooted or tempered to the extent that neither your clients nor Mr. Klein have any real reason to keep aggravating the circumstances.

Wayne Reaud presumably told Philip “to sit down and shut up” in Klein-speak. From Friday’s Nitwit Tidbits on the Southeast Texas Political Review (SETPR):

We shut [the lawsuit] down because the court and frankly the honesty of the law dictates that Mr. Klein is a public person. A book, TV contracts and this web site now meets the legal standing. The web sites are free to say what they want without any truth to it - and as well as you the public can say anything about Mr. Klein that you wish - truth or no truth. He is now declared legally a public person. That is the law.

I’m not quite sure what Klein meant by “the honesty of the law,” but as noted in our pleadings, Klein first claimed he was a public figure (see Klein v. PAISD) before he claimed he wasn’t (see In Re John Does 1 and 2). He now claims he is. Which way is the wind blowing today?

Readers can decide for themselves what is truth and what is not. Credibility comes not from signing your name, but from the veracity of your facts.

Neither has Klein "shut this suit down." The matter is still before the courts, as this pending hearing and our motion for sanctions clearly show.

Even more ironic, Klein claims he can’t get a fair trial in Jefferson County. From the SETPR:

The two blog sites have protection from the Jefferson County democratic party and the courts. We cannot get a fair trial or a fair hearing. We already know what is going to happen before we go into the courtroom. So - let's go in and all pretend like the Jefferson County Civil Courts are really by the law. And let's let the judges get their shot at me. It is only money - who cares. We know what Judge Floyd is going to do before we walk in.

Typically, Philip is the one now seeking sanctuary with the Jefferson County Democratic Party and the Jefferson County Courts.

For the record, neither Sam or I are associated in any way with the Jefferson County Democratic Party, nor are we enjoying any special protection from the Jefferson County Courts. We have a big lawyer bill as evidence. This is another of Philip’s wild conspiracy theories intended to obfuscate the real issue.

As another example, I’m not Brent Coon, Sam the Eagle is not Michael Harrison, and Brent Hodgeston (sic) doesn’t upload our content.

But for those unfamiliar with the background of this case, Judge Floyd improperly allowed Klein to subpoena Google for our account records. Philip petitioned the court through a motion under Texas Rule of Civil Procedure 202.

This statute allows a person to petition a court for an order authorizing depositions for use in an anticipated suit or to investigate a potential claim. In Philip's case, this was merely an end-run around the U.S. Constitution to discover our true identities and as a frivolous SLAPP suit meant to intimidate us into silence. The rule does not provide for subpoenas.

We were not a party to the negotiations, nor did Judge Floyd even read our first objections, filed pro se, before granting Klein’s subpoena. The Ninth Court of Appeals in Beaumont affirmed Judge Floyd’s decision.

It was only after we mandamused Judge Floyd in the Texas Supreme Court that the nine justices, all Republicans and all elected statewide, reversed Judge Floyd’s decision in Jefferson County’s 172nd District Court.
The number of judgments to which Philip has been a grantee also belies Klein’s claim that “he can’t get a fair trial in Jefferson County.” Regular readers will immediately see the irony, since Philip started this proceeding with unfounded allegations to intimidate and silence us. That didn’t work, and Philip now has a tiger by the tail.

On another ancillary note, I also dispute the notion that events have spiraled out of our control. While Philip has indeed lost control of this frivolous action, we have consistently maintained our focus. As evidence, those things I predicted in July of 2011 have come to pass exactly as outlined. Read them here


An open letter to Wayne Reaud


To Wayne Reaud and his associate:

Welcome to the party! I sincerely hope that you can impress upon your new client the importance of ethical behavior. I’ve seen some evidence of that in Philip's recent postings, so your efforts are recognized and greatly appreciated. Thanks!

As a late arrival, your strategy seems to be mitigating Klein's self-inflicted damage. In your associate's call with our attorney, he asked about what it would take to make all of this go away for PRK

I cannot speak for our attorney or Sam the Eagle, but I have two non-negotiable demands:

1) Philip must post direct links to our blogs on the front page of the Southeast Texas Political Review with no comment. These links are to be placed in a special section entitled,”Other Viewpoints."

2) Philip must publicly apologize to our attorney, Jeffrey L. Dorrell, with a posting on the top story page of the Southeast Texas Political Review. Philip has filed two grievances against him with the Texas State Bar and sent a complaint to his firm. While the state bar found that Klein’s claims had no merit and filed them as inquiries, PRK continues to assert that our attorney has lied. He has not, but Philip’s claim is just one of many false statements that Klein made during this proceeding.

As part of this demand, Philip must also write an apology letter to Jeffrey’s firm and to the state bar for wasting their time on these frivolous grievances. Jeffrey's review of Philip’s poorly written, badly researched, and self-published book is not germane to this case. Really, PRK should be ecstatic that someone with a post-graduate degree actually tried to read the book, but that’s just my opinion.

I considered a third demand, which would have required Philip to take a class in journalism ethics at Lamar University. I decided that was a waste of time – I don’t think PRK’s comprehension skills are up to this challenge and from his past performance,  I also suspect he’d drop out after the first week of class.

I truly hope you'll use your influence with Philip to help him separate fact from fiction, and avoid posting rumor and falsehoods to further his own personal agenda. His message deserves to be heard, but not with reckless disregard for the truth of his statements.

In closing, I look forward to your continued help in moderating Philip’s outrageous postings. I appreciate your dedication in taking on this herculean effort.

Sincerely,

Gus Pillsbury


Another Take on a Nitwit Tidbit


From Philip’s Nitwit Tidbits this week:

Rumor # 3 - Mr. Klein nor his companies have paid any money to anyone for anything in any lawsuit. One of Mr. Klein's companies did settle a lawsuit this last year and Mr. Klein was paid around $50k rising out of a media suit. Anything other is simply silly again.

This doesn’t ring true.

Although Klein claims to have been paid “around $50K” last year in settlement of claims he asserted in a “media suit,” the only “media suit” involving Klein and terminated in 2011 appears to be Cause No. 1:10-CV-410; Klein v. Crocmedia; in the U.S. District Court for the Eastern District of Texas. 

In that case, the court signed an order on April 20, 2011, taking judicial notice that Crocmedia News, Inc., did not exist at the time of the events that formed the basis for Klein’s complaint. Quoting the court, “...beyond doubt that [Klein] could prove no set of facts in support of his claim that would entitled him to relief.”  The court dismissed all of Klein’s claims against Crocmedia News, Inc.
I'm reminded of Philip's evidentiary hearing in his hearing in our case, where he introduced no evidence.

It’s entirely possible that perhaps Philip signed an agreement with other parties in the suit, but such agreements are almost always done in strict secrecy. If Philip really did receive an award of around $50,000, he probably just shot himself in the foot. I’ll follow up on this with Dylan Howard and let you know.


Fun Facts about NPD


In the past two weeks, Philip claimed that he’s still a conspiracy victim which has grown to include the Jefferson County Democratic Party and court system, that he's making tons of money from his court settlement, selling thousands of books, and that he’s more popular than sliced bread, with millions and millions of people who read his little blog everyday.

25 comments :

Anonymous said...

I can't believe this...after railing against the Democrats and Jefferson County for the past 10 years, Klein now hops in bed with them to save his ass. What a giant hypocrite.

Anonymous said...

That video is scary!!! Klein has made some of the same statements on the SETPR!

Anonymous said...

Hope Reaud gets cash up front! After years of working for Klein, Morgan is now destitute.

Anonymous said...

So when will the Examiner ads start showing up on the Southeast Texas Political revue? This is hilarious...you guys rock!

Anonymous said...

I warned John Morgan two years ago and now I will do the same for Wayne Reaud. STAY AWAY from this idiot. He will bring you down with him. He is no good.

Anonymous said...

this is rich...klein hires wayne reaud to keep him out of jail.

Anonymous said...

I heard he's pleading insanity.

Anonymous said...

LOL, $50K from the media company, I knew it, Philip lies.

Anonymous said...

Mr. Pillsbury, love reading your blog, read it daily, you are the best.

Anonymous said...

Mr. Pillsbury, "I'm the lady that spoke to you in the restaurant the other nite, even with Mr. Klein sitting at the next table. My dead-cousin's third husband turned me on to your site. Thank you SIR for all that you do. I now get all the information I need from your cite and have quit reading Mr. Klein's cite. God bless you SIR".

Anonymous said...

If a court can rule that Klein is a public person... a court can rule that Klein is an insane person too.

Anonymous said...

The comical part of all of this, Klair is still clueless to the true identity of Gus and Sam after all these YEARS.

Anonymous said...

Just recall which lawfirm was primarily responsible for Judge Floyds election. you ain't gonna get a fair shake.

Anonymous said...

Wayne Reaud built the Albert E. & Gena Reaud Family Shelter next to Baptist Hospital. Philip Klein never built Jacobs House as promised.

Anonymous said...

Thought reaud had more sense. Just goes to show you, ya never know...
Reaud, Morgan & Quinn will live to regret this association.

Anonymous said...

Klein will need to pay Reaud in installments. John Morgan may have provided representation in trade with Klein but Wayne's cut toe nails are worth more than the whole Klein portfolio.

Anonymous said...

It just occurred to me that your real identity may be Wayne Reaud and Sam the Eagle may be Mike Jamail, and the two of you are hysterically laughing at your new client. Of course I'm just kidding but you have to admit that would be funny.

Anonymous said...

setexasrecord.com
10/30/08 11/3/08 12/2/08 12/21/08
john morgan hires fires his attorney g michael jamail in nasty divorce proceeding with wife kathleen winslow. hmmmmmmmm

Anonymous said...

http://www.setexasrecord.com/news/216566-morgans-nonsuit-motion-contains-apology-to-jamail

Anonymous said...

"she is precluded from even looking at the file."

That's not Fat Fil's language.

Anonymous said...

Is it on for tomorrow?

Anonymous said...

You know what is gnawing on PRK's gut when he spells "Coon" instead of "Conn."

Anonymous said...

I was thinking the EXACT same thing you just posted! Coon's instead of Conn's. Oh geez this is unreal. "Shitting razor blades"... now THAT'S funny!

Anonymous said...

"Coon's will begin the corporate move "

Yes, fil is definitely seething!

Anonymous said...

Klein is so scared that you can smell the fear...no he crapped his pants, again.